Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations 83505 

1. On page 78639, in the third 

column, the ACTION line is corrected to 

read ‘‘ACTION: Final rule; request for 

comments.’’. 

2. On page 78640, in the first column, 

correct the DATES caption to read: DATES: 

The rule is effective November 29, 2023, 

and applicable beginning November 16, 

2023. Comments, if any, are requested 

by December 13, 2023. 

3. On page 78640, in the second 

column, correct the first sentence under 

the heading ‘‘Administrative Procedure 

Act’’ to read ‘‘The Agency finds good 

cause to publish this as a final rule 

because the notice and public procedure 

thereon are impracticable, unnecessary, 

or contrary to the public interest 

because this rule expands protections to 

the public.’’ 

Daniel A. Lauretano, Sr., 

General Counsel. 

[FR Doc. 2023–26305 Filed 11–29–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0910] 

RIN 1625–AA00 

Safety Zone; Laguna Madre, South 

Padre Island, TX 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters in the Laguna 

Madre. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by a firework display 

launched from a stationary barge in the 

Laguna Madre, South Padre Island, 

Texas. Entry of vessels or persons into 

this zone or remaining in the zone when 

it is in effect is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Corpus Christi or a 

designated representative. 

DATES: This rule is effective from 9:30 

p.m. through 11:59 p.m. on December 2, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0910 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander Anthony 

Garofalo, Sector Corpus Christi 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5130, 

email CCWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. We must establish this 

safety zone immediately to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the fireworks display and 

lack sufficient time to provide a 

reasonable comment period and then to 

consider those comments before issuing 

the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to address the potential safety 

hazards associated with fireworks 

launched from a barge in the waters of 

the Laguna Madre. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector Corpus 

Christi (COTP) has determined that 

potential hazards associated with the 

fireworks displays occurring from 9:30 

p.m. through 11:59 p.m. on the night of 

December 2, 2023, will be a safety 

concern for anyone in the waters of the 

Laguna Madre area within a 700 yard 

radius of the following point; 26°6′02.1′′ 

N, 97°10′17.7′′ W. The purpose of this 

rule is to ensure safety of vessels and 

persons on these navigable waters in the 

safety zone while the display of the 

fireworks takes place in the Laguna 

Madre. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on the night of December 2, 

2023. The safety zone will encompass 

certain navigable waters of the Laguna 

Madre, and is defined by a 700 yard 

radius around the launching platform. 

The regulated area encompasses a 700 

yard radius of the following point: 

26°6′02.1′′ N, 97°10′17.7′′ W. The 

fireworks display will take place in 

waters of the Laguna Madre. No vessel 

or person is permitted to enter the 

temporary safety zone during the 

effective period without obtaining 

permission from the COTP or a 

designated representative, who may be 

contacted on Channel 16 VHF–FM 

(156.8 MHz), or by telephone at 361– 

939–0450. The Coast Guard will issue 

Broadcast Notices to Mariners, Local 

Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

V. Regulatory analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866, as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review). Accordingly, this 

rule has not been reviewed by the Office 

of Management and Budget (OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. The 

temporary safety zone will be enforced 

for a short period of 2.5 hours on the 

night of December 2, 2023. 

The zone is limited to a 700 yard 

radius from the launching position of in 

the navigable waters of the Laguna 

Madre. The rule does not completely 

restrict the traffic within a waterway 

and allows mariners to request 

permission to enter the zone. 


khammond on DSKJM1Z7X2PROD with RULES
83506 Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the 

temporary safety zone may be small 

entities, for the reasons stated in section 

V.A, above, this rule will not have a 

significant economic impact on any 

vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal Government, in 

the aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, and Environmental 

Planning, COMDTINST 5090.1 (series), 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f) and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishment of a temporary safety 

zone for navigable waters of the Laguna 

Madre in a zone defined by a 700 yard 

radius from the following coordinate: 

26°6′02.1′′ N, 97°10′17.7′′ W. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by 

fireworks display in the waters of the 

Laguna Madre. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–0910 to read as 

follows: 

§ 165.T08–0910 Safety Zone; Laguna 

Madre, South Padre Island, TX. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Laguna Madre encompassed by a 700- 

yard radius from the following point; 

26°6′02.1′′ N, 97°10′17.7′′ W. 

(b) Enforcement period. This section 

is in effect, and subject to enforcement 

from 9:30 p.m. through 11:59 p.m. on 

the night of December 2, 2023. 

(c) Regulations. (1) According to the 

general regulations in § 165.23 of this 

part, remaining in, or entry into this 

temporary safety zone are prohibited 

unless authorized by the Captain of the 

Port Sector Corpus Christi (COTP) or a 

designated representative. They may be 

contacted on Channel 16 VHF–FM 

(156.8 MHz) or by telephone at 361– 

939–0450. 

(2) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts as 

appropriate. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations 83507 

Dated: November 21, 2023. 

Jason Gunning, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Corpus Christi. 

[FR Doc. 2023–26334 Filed 11–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0919] 

RIN 1625–AA00 

Safety Zone; Gulf of Mexico, Lower 

Mississippi River Below Head of 

Passes 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Lower 

Mississippi River below Head of Passes. 

The safety zone is needed to protect 

persons and critical infrastructure from 

the potential contamination due to an 

oil spill in the Gulf of Mexico. Entry of 

vessels or persons into this zone, or 

movement of vessels within this zone is 

prohibited unless specifically 

authorized by the Captain of the Port or 

a designated representative. 

DATES: This rule is effective without 

actual notice from November 30, 2023 

through December 17, 2023. For the 

purposes of enforcement, actual 

notification will be used from 5 p.m. on 

November 17, 2023, until November 30, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCGUSCG–2023–0919 in the search box and 

click ‘‘Search.’’ Next, in the Document 

Type column, select ‘‘Supporting & 

Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander William 

Stewart, Sector New Orleans, U.S. Coast 

Guard; telephone 504–365–2246, email 

William.A.Stewart@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because an oil 

spill happened 2 days ago, and 

immediate action is needed to respond 

to the potential safety impacts 

associated with oil contamination. It is 

impracticable to publish NPRM because 

we must establish this safety zone 

immediately. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with oil spill. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector New Orleans 

(COTP) has determined that potential 

hazards associated with contamination 

due to oil spill which happened 2 days 

ago, will be a safety concern to all 

persons and critical infrastructure 

within the Captain of the Port Sector 

New Orleans area. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 5 p.m. on November 17, 2023 

through December 17, 2023. The safety 

zone will cover all navigable waters of 

Lower Mississippi River below Head of 

Passes. The duration of the zone is 

intended to protect persons and critical 

infrastructure from the potential 

contamination due to oil spill in the 

Gulf of Mexico. No vessel or person will 

be permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on duration of rule. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 


khammond on DSKJM1Z7X2PROD with RULES